Court caseAIR 1967 SC 1

In a defamation suit filed by a businessman against the editor of the weekly 'Blitz' in the Bombay High Court, a witness said that publication of his evidence would harm his business. Tarkunde J orally ordered that the witness's evidence should not be published. Journalists, including Mirajkar, petitioned the Supreme Court under Article 32, contending that the order violated their freedom of speech under Article 19(1)(a).

By eight to one the petitions were dismissed. Gajendragadkar CJ held that a judicial order passed by a competent court, even if erroneous, cannot be said to violate a fundamental right; the remedy lies in appeal, not in Article 32. The High Court has inherent power to hold proceedings in camera or to forbid publication of evidence where that is necessary for the administration of justice. The Supreme Court cannot issue certiorari to a High Court, which is a court of record of coordinate constitutional status in this respect. Hidayatullah J dissented, holding that the judiciary is 'State' under Article 12 and that the order curtailed the freedom of the press without the authority of law.